Nor Rebellion, nor Sedition (Concerning the Supreme Court Sentence 459/2019, 14th October, about the Procés)

Abstract

Maybe surprisingly for some people, according to the severity of the valuation of the independence process at the preliminary investigation as circumstancial for rebellion -along with the great questionable precautionary measures inferred from that-, at the sentence 459/2019, 14th October, the Catalan social and political leaders are acquitted of the crime established in article 472 Criminal Code. Among the reasons of their acquaintance, we find that the non-suitability of the process does not constitute a real defiance to the current constitutional order. This contrast with the strength of the assessment of those offences in relation to the more severe crimes against the public order (sedition of the article 544 Criminal Code), and with a confusing reasoning concerning the authentic object of protection. Finally, this also contrasts with the facts constituent a "crowded uprising"; or, in relation to the individualization of the contrubituion personally such as coauthors, given that nine of the accused people are punished with more severe prison penalties